collecting after small claims court

collecting after small claims court

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help

Utica, NY

#1 Sep 6, 2012
have you ever needed to file a small claims? i did and it was a no show for the other party, i won but am told i have to file a nother claim to get my money from this person by finding out where they work, which i did but now must have the court to file to take part of thier wage, why don't people just pay what they owe instead of thiking life is a free ride
beenthere

Waterville, NY

#3 Sep 6, 2012
Having a mediator helps because they can force the other party to pay.You can also include the money you have spent out of pocket in the amount owed to you.Good luck.
Amazed

United States

#4 Sep 6, 2012
Good luck. Let us know how it works out. I am in the same boat!
Me Too

Utica, NY

#5 Sep 6, 2012
I had some welfare scum who burnt me for 4 months rent.
I was told by Welfare Fraud Unit I could take them to small claims court and even if I won that the scum would probably still never pay me and nothing more would be done.
Grrrrr.....
Donald Robinson

Oriskany Falls, NY

#6 Sep 6, 2012
Its possible to collect, it just takes effort
county resident

Waterville, NY

#7 Sep 6, 2012
The small claims court will only go so far, then it's up to you. I think it is appalling that our tax dollars fund the court system and pay the wages and then they are not there to help. If a person refuses to pay after being court ordered then it should be CONTEMPT OF COURT, but the court system doesn't seem to care......terrible!
One good thing is that after being filed with the county clerk, the person ordered to pay will not be able to purchase property in the county until the claims is paid.
Maxine

Waterville, NY

#8 Sep 7, 2012
It seems most that try to collect are slum lords wanting rent while they repair nothing and just set back and collect the rent each month whether it is fit for a person to live in the home or not.Not paying the rent is the only way a person has to fight back. Most places rented out at high costs the landlord wouldnt stay in for one night.
landlord

Waterville, NY

#9 Sep 7, 2012
Maxine wrote:
It seems most that try to collect are slum lords wanting rent while they repair nothing and just set back and collect the rent each month whether it is fit for a person to live in the home or not.Not paying the rent is the only way a person has to fight back. Most places rented out at high costs the landlord wouldnt stay in for one night.
How ridiculous!!! You sound like the tenant who doesn't want to pay and maybe you have been taken to small claims court. I happen to have a nice place that I rent out, and although I usually have great tenants, I did have a tenant who got apathetic and just decided he was not going to pay rent the last few months he was renting. I resent your comment. If one doesn't like the conditions they're living in when renting then, don't live there. To live there and not pay rent is just....thinking you deserve entitlements and you are a freeloader!!! Ridiculous!!!!
cnn

Utica, NY

#10 Sep 7, 2012
This is not directed at all people that receive help from Social Services. Some people encounter hard times due to illness, loss of employment, etc. and they need help until they get back on their feet again.

But I just literally gag at times when I hear about all these lazy people that make a career out of receiving help from Social Services. Some of them actually believe that everything in life is owed to them. They know who they are and many times they are perfectly capable of working but choose to mooch off others. They rent and destroy homes after they move in and the landlords are left to pay for all the repairs, clean up, etc. This is why St.Lawrence County is in the shape it is in is because of these free loaders.
help

Utica, NY

#11 Sep 7, 2012
this person is not on welfare and does hold afull time job, they just think they can get away with not paying a bill they owe for property damage, but i seem to be doing all the work, i will get my money if not from thier wage then i can take or put a lien on thier vehicle and if they sell it they have to pay,property, that is what the court told me after asking a dozen questions.
metoo

Charlestown, MA

#12 Oct 21, 2012
I filed and won a court case 2 years ago. I'm owed 1480 from George ablan and he still hasn't paid it. I even put a lien on his property. So good luck!
Donald Robinson

Ithaca, NY

#13 Oct 21, 2012
metoo wrote:
I filed and won a court case 2 years ago. I'm owed 1480 from George ablan and he still hasn't paid it. I even put a lien on his property. So good luck!
Have you tried to collect? Did you ask the court for Information Suponea's? Have you done anything?
metoo

Charlestown, MA

#14 Oct 21, 2012
Yes. They said I have done all I can do and I just have to wait for him to pay. It's quite ridiculous
Donald Robinson

Ithaca, NY

#15 Oct 21, 2012
So tell me exactly what did you do? Give me details and I will tell you i there us more you can do.
metoo

Charlestown, MA

#16 Oct 21, 2012
Went to court, won, waited to be paid, didn't get paid, then fold for a lien on all his properties in which is what they told me to do. Then went back two years after and was told nothing else I can do but wait. So I have sent verified letters requesting payment and still I wait.
metoo

Charlestown, MA

#17 Oct 21, 2012
Certified letters*
landlord

Ithaca, NY

#18 Oct 21, 2012
If a person is court ordered through Small Claims Court to pay, and they neglect to pay, then you call the court to let them know. The judge will then give you a Transcript of Judgement against the person. You take the Transcript of Judgement to the County Clerk, and a lien will be put on any property owned by the person who has failed to pay you. Also, the person cannot buy any property in that county until you are paid in full...this will continue for 20 years if indeed the person still does not pay. If you know the workplace of the person, while you are at the County Clerk's office, you can have a garnishment of wages drawn up which takes about 10 minutes.($12.50) You have to know the address of the workplace in which the person works and also the person's address. Then you take the paperwork to the Civil Dept of the Sheriff's Dept.($46.00). Don't worry about the fees you have to pay, they will be included in the Small Claims amount that will be collected through the garnishment of wages...in other words the person will have to pay those fees,so they will just be adding to the amount that they have to pay you. If you do not know where the person works, then just file the Transcript of Judgement with the County Clerk, and then ask the Court to give you an Information Subpoena, which you send certified to the person who failed to pay you.The person is to give you the information, if they fail to do so, then the Sheriff will serve the next information subpoena. Also, just try searching and asking where the person works. You should be able to find out if the person still lives in the county or the area. Also, if you have a PROPER Judge to begin with, the person can be called back into court for Contempt of Court if they fail to pay in the first place. If the Judge is willing to take that route, then it would avoid the trip to the County Clerk's office, and the Sheriff's Office. Indeed the person is "IN Contempt of Court." Hope this helps. I will answer any questions if I can.
metoo

Charlestown, MA

#19 Oct 21, 2012
He's retired and rents out properties. We have his address and phone number . I did put the lien on his properties but still haven't received anything. I asked the court what else I could do and they said the only thing I can do is contact the person and request payment.
Donald Robinson

Ithaca, NY

#20 Oct 21, 2012
Landlord got i tmostly right. A erson is not in contempt for failing to pay. What a person can be brought back into court for is contempt for failing to answer the Information Subpoena. If the fail to answer you can then get an attorney and start contempt proceedings.

Yo also can ask the court for Infomaion Subpoena's to give to the banks. When you find what bank he has money in you can get the sheriff to seize it. Plus if he owns rental properties, those are on primary residences, they can also be seized.
metoo

Charlestown, MA

#21 Oct 21, 2012
Thanks. I will see what I can do

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